I tried to get this conversation going at one point in the past, but I got no productive feedback. So, I’ll try again, because I’ve been struggling with this for a while.
You are with your training instructor, and he is putting you through hypotheticals. Your instructor is intense, so you don’t argue with him when he asks you to do something – no matter how many work-arounds you may have in mind. So, you’re foreclosed from arguing that your situational awareness is so good – 100% of the time – that you would never find yourself in this situation.
Now, here’s the hypo:
You are carrying concealed. You find yourself in a confrontation. The spot you are standing has no option for escape – other than by passing very close to your single potential attacker (PA). (Think closed end of an alley, or the no-door, no-window end of a hallway, or in the back of your cluttered garage.) Your PA appears somewhat intoxicated, and he is yelling all kinds of threats at you. He is smaller than you and standing 25 ft. from you. He is not moving towards you (yet, at least).
Fueled by adrenaline, you unholster your weapon, get into a low-ready position, and continue repeatedly shouting verbal commands for PA not to come any closer.
Fueled by liquid courage, PA says, “Perfect! I’m going to take that gun away from you.” PA takes his shirt off, does a little 360, and says, “See? I’m completely unarmed.” (Your instructor tells you that you are certain that PA is indeed unarmed – don’t argue that point.)
Now, PA then puts his arms up in the “I surrender” position over his head. Then, he begins taunting you: “What – you’re actually going to shoot me? While I’m unarmed?” At the same time, he starts walking towards you. “Go ahead, shoot me – I dare you.” He continues moving towards you slowly but steadily, taunting you the whole time. “Go ahead: shoot an unarmed man!”
So, what do you do? On the one hand, shooting an unarmed drunk is obviously questionable at best – both legally and ethically. On the other hand, however, this guys is acting completely fearless, and he seems truly intent on grabbing your gun from you. (Even if you had not unholstered your weapon, you are not 100% confident you could retain your weapon in a scuffle.)
So, if you do in fact subjectively fear for your life, that fear is based solely on the possibility of PA taking your gun away from you.
I ask this from not only a self-preservation point of view, but also from a legal one. A good attorney would argue that this became a potentially lethal situation only because you were carrying a gun – i.e., you are the one who created a threat of deadly force.
OK, let the discussion begin…